CONFERENCE - MEDIA - CULTURE - DIGITAL CONVERGENCE - COMPETITION AUTHORITIES - PRACTICE

The practice of competition authorities face to the digital convergence (Media-culture & digital: New competition issues (s) - Paris, 8th February 2011)

Digital convergence refers to the integration of previously distinct products and services and to the frequent recombination of the boundaries of firms as a result. This article shows how digital convergence disturbs the practice of competition authorities at three particularly decisive moments: when defining the relevant markets, when assessing the potential market effects and when characterizing the consumer harms. The multiplicity of potential uses adds further complexity to the relevant market definition based on product design. We then suggest the utilization of diversion ratios. The evaluation of the pro- and anti-competitive effects becomes more uncertain given the high success or failure rate of speed and the difficulty to isolate the specific contribution of one product in the success of a global offer. Finally, competition authorities have to clarify the criteria used when defining the consumer harm on a changing market. We show that firm’s practices have to be assessed on its potential risks of foreclosure and not on its possible negative effect on consumer’s free choice.

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Culture-media & digital: new competition issues The practice of competition authorities in the face of digital convergence I. Introduction 1. In terms of the goods and services offered by companies, the digital revolution is closely linked to the phenomenon of technological convergence, which can be defined as the bundling of previously independent services and products using digital technologies. This phenomenon of convergence at work in the information technology and telecommunications sector is calling into question public action hitherto implemented, particularly in the audiovisual and telecommunications sector. 2. This questioning concerns

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Olivier Sautel, The practice of competition authorities face to the digital convergence (Media-culture & digital: New competition issues (s) - Paris, 8th February 2011), September 2011, Concurrences N° 3-2011, Art. N° 37288, www.concurrences.com

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